0001| SENATE BILL 1196 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MICHAEL S. SANCHEZ | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO WATER; REGULATING WATER DIVERSION FOR DEVELOPMENT | 0012| AND OTHER WATER USE ON LANDS FROM WHICH WATER RIGHTS HAVE BEEN | 0013| SEVERED; AMENDING A CERTAIN SECTION OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 72-5-23 NMSA 1978 (being Laws 1907, | 0017| Chapter 49, Section 44, as amended) is amended to read: | 0018| "72-5-23. WATER APPURTENANT TO LAND--CHANGE OF PLACE OF | 0019| USE.-- | 0020| A. All water used in this state for irrigation | 0021| purposes, except as otherwise provided in this article, shall | 0022| be considered appurtenant to the land upon which it is used, | 0023| and the right to use it upon the land shall never be severed | 0024| from the land without the consent of the owner of the land, | 0025| but, by and with the consent of the owner of the land, all or | 0001| any part of the right may be severed from the land, | 0002| simultaneously transferred and become appurtenant to other | 0003| land, or may be transferred for other purposes, without losing | 0004| priority of right theretofore established, if such changes can | 0005| be made without detriment to existing water rights and are not | 0006| contrary to conservation of water within the state and not | 0007| detrimental to the public welfare of the state, on the approval | 0008| of an application of the owner by the state engineer. Publica- | 0009| | 0010| tion of notice of application, opportunity for the filing of | 0011| objections or protests and a hearing on the application shall | 0012| be provided as required by Sections 72-5-4 and 72-5-5 NMSA | 0013| 1978. | 0014| B. After the effective date of this 1997 act, land | 0015| from which water rights have been severed, simultaneously | 0016| transferred and become appurtenant to other land or transferred | 0017| for other purposes, may not be used for development or other | 0018| purposes, unless and until sufficient water for the purpose to | 0019| which the land is being used, is appropriated for use on the | 0020| land or transferred to the land as approved by the state | 0021| engineer in accordance with law and related regulations. For | 0022| purposes of this section, "development" means any subdivision | 0023| within the planning or platting authority of any municipality | 0024| or county in the state, or both, but does not include a single | 0025| domestic well used for a single family's dwellings." | 0001|  | 0002| | 0003| FORTY-THIRD LEGISLATURE | 0004| FIRST SESSION, 1997 | 0005| | 0006| | 0007| March 15, 1997 | 0008| | 0009| Mr. President: | 0010| | 0011| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred | 0012| | 0013| SENATE BILL 1196 | 0014| | 0015| has had it under consideration and reports same WITHOUT | 0016| RECOMMENDATION, and thence referred to the CONSERVATION | 0017| COMMITTEE. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| __________________________________ | 0024| Shannon Robinson, Chairman | 0025| | 0001| | 0002| Adopted_______________________ Not Adopted_______________________ | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| | 0006| Date ________________________ | 0007| | 0008| | 0009| The roll call vote was 6 For 0 Against | 0010| Yes: 6 | 0011| No: 0 | 0012| Excused: Smith, Vernon, Garcia | 0013| Absent: None | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| S1196PA1 |